Owners Corporation SP 76269 v Draybi Bros Pty Ltd [2014] NSWCATAP 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation SP 76269 v Draybi Bros Pty Ltd [2014] NSWCATAP 9 Hearing dates: 24 March 2014 Decision date: 02 April 2014 Jurisdiction: Appeal Panel Before: Wright J, President N Hennessy LCM, Deputy President G Meadows, Senior Member Decision: The Appeal Panel of NCAT has jurisdiction to hear and determine this appeal. The Appeal Panel directs that: 1.The Appellant file and serve any further evidence upon which it will seek to rely and any written submissions on the question of leave to appeal on or before 4 April 2014. 2.The Respondent file and serve any evidence in reply and any written submissions on the question of leave to appeal on or before 2 May 2014. 3.The Registrar is to liaise with the parties to obtain a suitable date for an oral hearing on the application for leave to appeal on a date after 5 May 2014. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - transitional provisions - whether Appeal Panel has jurisdiction

WORDS & PHRASES - "part heard proceedings" - Civil and Administrative Tribunal Act 2013 (NSW), Schedule 1, Division 3, cl 6(1) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bailey v Owners Corporation of Strata Plan 62666 [2011] NSWCA 293 Griffin v Ingram [2014] NSWCATAP 5 NSW Land and Housing Corporation v Diab [2015] NSWCATAP 8 Category: Principal judgment Parties: Owners Corporation SP 76269 (Appellant) Draybi Bros Pty Ltd (Respondent) Representation: Appearances: T Earls, Solicitor (Appellant) C Carter, Counsel (Respondent)